ARTICLE XIX - ZONING BOARD OF ADJUSTMENT
(Adopted March 14, 1989; Amended March 10, 2015)
A Zoning Board of Adjustment shall be created, under the provisions of RSA 673, for the purpose of reviewing applications for Variances or Special Exceptions to the Zoning Ordinance and deciding whether there is a legitimate reason for granting relief or exception to a specific provision or provisions of the Ordinance when requested.
B. Powers of the Zoning Board of Adjustment
In accordance with the provisions or RSA 674:33, the Zoning Board of Adjustment shall have the power to:
Hear and Decide Appeals from Administrative Decisions: The Board shall hear and decide such appeals where or if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement thereof of any ordinance adopted pursuant thereto.
Grant Special Exceptions: A local zoning ordinance may provide that the Zoning Board of Adjustment, in appropriate cases and subject to appropriate conditions and safeguards, make Special Exceptions to the terms of the Ordinance. All special exceptions shall be made in harmony with the general purpose and intent of the Antrim Zoning Ordinance and shall be in accordance with the general or specific rules contained in the Ordinance.
The proposed use shall also conform with all the provisions for the use in the particular Zoning District in which it is to be located and all other pertinent provisions of the Zoning Ordinance, including the conditions under which Special Exceptions are permitted (see Article XIII).
3. Grant Variances: The Zoning Board of Adjustment may authorize, upon appeal in specific cases, such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest. A Variance may be granted if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. In granting any Variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement this Ordinance and to protect the public interest. The board may grant a Variance provided the following conditions have been satisfied:
a. The variance will not be contrary to the public interest.
b. The variance is consistent with the spirit of the ordinance.
c. Substantial justice is done by granting the variance.
d. The values of surrounding properties will not be diminished.
e. Literal enforcement of the provisions of the ordinance would result in unnecessary hardship. For the purposes of this subparagraph, “unnecessary hardship” means that, owing to special conditions of the property that distinguish it from other properties in the area:
i. No fair and substantial relationship exists between the general public purposes of the ordinance provision and the specific application of that provision to the property; AND
ii. The proposed use is a reasonable one.
If the criteria in subparagraph (e) are not established, an unnecessary hardship will be deemed to exist if, and only if, owing to special conditions of the property that distinguish it from other properties in the area, the property cannot be reasonably used in strict conformance with the ordinance, and a variance is therefore necessary to enable a reasonable use of it.
C. Duration of Approvals: All approvals granted for any special exception or variance shall be valid if exercised within two (2) years from the date of final approval, unless further extended by the Zoning Board for good cause. The purpose of the above three amendments is to bring the Zoning Ordinance into compliance with recent state legislation.
Updated 12/2/03 & 3/10/15